Premises Liability

Premises Liability Attorney Raleigh NC

Premises Liability

If you or a loved one has been injured on a property that was not your own, it may be worth speaking to a premises liability lawyer in Raleigh, NC.

Premises liability is defined as the liability an occupier or landowner has for any torts that occur on the property. A tort is a civil wrong that results in an injury or loss. The owner, manager, or occupier of a property has a duty to provide a reasonably safe environment to anyone who is lawfully on the property. When they fail to do so, and an injury results, compensation may be sought.

Retail Store Accidents

At Burton Law Firm, we have handled a number of these types of accidents. In fact, they are very common. Retail stores can pose a number of risks, such as wires, spilled liquids, obstacles, and so forth. These hazards must be maintained, and should they exist, customers must be warned about their potential dangers. If these duties are ignored, and an injury results because of a hazard, damages may be available.

Examples of Premise Liability Accidents in Retail Stores

Missing Handrails – Nearly all municipalities, as well as insurance companies, have strict requirements that state a property must have a handrail on stairs, ramps, and other locations. Sometimes an owner will fail to place these at the right location, other times, the handrail is broken and not repaired. If you have been injured because of a missing or broken handrail, call our premises liability lawyer in Raleigh, North Carolina.

Poor Lighting – Parking lots, stairwells, walkways, and other locations where people will be passing by must be lit up. Lack of lighting or burned out bulbs can pose a risk for falling, as well as an act of negligent security (i.e. attack by another person).

Slippery Surfaces – Any spilled liquids onto a surface area should be promptly cleaned up. Depending on the state, there is typically a short time frame allocated to premises which allows them to notice the spill and place a warning sign while preparations are made to clean it up. In some states this is 15-30 minutes. When a spill is ignored, or a sign is not placed in a visible area, and a slip and fall happens, the premise can be held liable. Elderly and children are at most risk of falling. As a Raleigh, NC premises liability lawyer might tell you, most of these accidents result in broken bones, back, neck, and/or head injuries. It should be noted that slip and fall is not limited to the interior of a building, but can also apply to a parking lot or sidewalk.

Falling Shelves and Retail Displays – In order to maximize products displayed to customers, many retailers utilize built-in or free-standing shelving units. Despite the dangers associated with built-in or free-standing

shelves, many retailers fail to properly inspect and maintain the shelving units once they open for business which can lead to serious injuries caused by falling display shelving units.  Due to the size of such fixtures, falling shelving units and display units can result in broken bones, concussions and other serious injuries. If you have been injured by a falling or defective shelving or display unit, call our premises liability lawyer in Raleigh, NC.

Proving a Premise Liability Claim

In order to file a successful premise liability claim in North Carolina, the plaintiff, or your NC premises liability lawyer, will need to demonstrate:

  • The defendant is the owner or lease-holder, and/or has control over the property;
  • The plaintiff had the right, or was permitted, to be on the property;
  • A dangerous condition or hazard existed on the property;
  • The defendant knew of, or should have been aware of, the dangerous condition;
  • The dangerous condition caused injury to the plaintiff;
  • The injury resulted in damages; and
  • The plaintiff was unable to discover the dangerous condition by exercising ordinary care.

The Burton Law Firm: Your Premises Liability Law Firm in Raleigh, NC can help you or a loved one who was injured on another party’s property, call a premises liability lawyer in Raleigh, NC now.

Under state law, a property owner has a duty of care to make sure that their property is safe and free of hazards for any visitors to the property. When a property owner fails to keep their property safe and a person is injured as a result, the victim may be able to file a premises liability lawsuit.

The majority of premises liability lawsuits are for slip and falls or trip and falls. While both can result in injuries, there are differences in how a premises liability attorney may address proving their case. One of the main differences is that slip and fall accidents often have the extra element of having to prove why the victim lost their balance and fell, while trip and fall accidents usually have some kind of condition or object present that caused the victim to trip and fall.

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Slip and Fall Accidents

When a victim slips and falls, there is usually some kind of substance, such as a liquid, that was present on the floor that caused them to lose traction, resulting in their foot going at a much faster rate of speed than the rest of their body can keep up with. The body then falls backwards. Falling backward, there is usually nothing to break the victim’s fall and they land very hard on the floor or ground.

This type of landing often results in serious and painful injuries to the victim’s head, neck, back, spine, or pelvis.

To win a premises liability lawsuit, the victim’s attorney needs to show that the property owner had enough time to know about the hazard that caused the victim to slip (i.e. the liquid), but still failed to act to remove and clean up that hazard.

Trip and Fall Accidents

When a victim trips, the movement is the opposite of when they slip. Instead of falling backward as what happens when slipping, their foot stops moving because of the condition that is causing them to trip (i.e. an object), but the rest of their body keeps going. This causes the body to fall forward. A victim who trips actually has a better chance of protecting themselves than if they are slipping. They may be able to use their arms and hands to break the fall or have enough time to grab onto a solid object to stop the fall.

Tripping accident victims often suffer from fractures in their arms and hands, sprained or twisted ankles, and torn muscles and ligaments in their legs. If they are unable to break the fall in time, they could also suffer serious injury to their face and the front of their head.

To win a premises liability lawsuit, the victim’s attorney needs to show that the property owner was aware or should have been aware of the hazard that caused the victim to trip and remove it. Common tripping hazards include loose carpeting, wires, uneven walking surfaces, or objects carelessly left where people walk.

If you have been injured due to the negligence of a property owner, contact Burton Law Firm, PLLC to see what your legal options are regarding filing a premises liability lawyer Raleigh, NC.

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Call 919-873-4700 To Schedule A Free Consultation.​


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"Jason is the best lawyer anyone could ever use in this area. From the moment that I first contacted him concerning an auto accident I was involved in, he erased all worry that I had. I was not a major client, but every time we talked, he made me feel as if I was the most important client he had. He made it simple, easy and always explained the steps completely and in terms I could understand. If you ever need a lawyer, please, please contact Jason. You will never regret using him"
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